With the final decision on the dunes sagebrush lizard just more than a month away, city of Midland leaders are considering filing a lawsuit if necessary.

City council members agreed following an executive session meeting last week to pursue litigation in regards to the listing of the lizard as an endangered species if that becomes necessary to protect the city's future interests.

The U.S. Fish and Wildlife Service will announce by mid-December whether the dunes sagebrush lizard will been added to its endangered list. It made the decision last December to allow for additional time before making a ruling. The lizard has been a candidate for the endangered list since 2001, according to U.S. Fish and Wildlife Service publications.

Mayor Wes Perry said the discussion for much of the last year has centered around the oil and gas industry and the hit it could take depending upon what happens with the lizard. However, the listing of the species also could create an issue with infrastructure the city hopes to have added between Midland and its water at the T-Bar Ranch property in Winkler County, he said.

"Obviously, the oil and gas industry is a big concern," Perry said. "Since our main focus is water, as a city we feel the direct impact will be building water lines to T-Bar."

City Attorney Keith Stretcher said the city is in the very early stages of pursuing any action regarding the lizard. He's working on a letter to the Mountain States Legal Foundation to see if the city's potential case involving the lizard is one it would be interested in representing. The foundation is a nonprofit, public interest legal foundation that works to protect the right to own and use property, among other things. It has represented other areas that have had concerns with endangered species listings, according to its website.

Abilene Mayor Norm Archibald said he would support litigation if it were needed to access regional water supplies. Abilene and San Angelo have partnered with Midland as the cities research future water supply options.

"Knowing how important water is and how important it is for us to find these water resources, I am supportive of what it will take to allow cities to move forward with water projects to keep our communities viable," Archibald said.

John Grant, executive director at the Colorado River Municipal Water District, said the lizard also could affect the district's infrastructure projects. However, the CRMWD only is monitoring the situation right now, he said.

When the CRMWD constructed O.H. Ivie Reservoir, Grant said they had to accommodate for the Concho water snake, which is classified as "threatened" by the U.S. Fish and Wildlife Service.

To be able to construct the reservoir -- which now supplies water to Midland, Odessa and other area cities -- Grant said they had to ensure they would mitigate the impact to the snake's habitat.

In that situation, the CRMWD had to agree to always maintain a flow of water in the river. It also had to build "rock rapids" because the service said that would enhance the habitat that was being taken away by construction.

"We thought their requirements were ridiculous," Grant said.

Having to accommodate any species is costly, he said.

"We spent over $3 million because the Concho water snake had been listed," Grant said. "It's expensive, and it's a long process."

U.S. Rep. Mike Conaway said there could be room for the city and oil and gas industry to compromise with the U.S. Fish and Wildlife Service because it has been done recently in New Mexico. When he was in town last week, he said he wouldn't be surprised if the dunes sagebrush lizard is listed.

"I don't have any good, warm, fuzzy feeling that the Fish and Wildlife Service won't do what they said they were going to do last December," Conaway said.

Conaway said it's unlikely the city's need for future water will have any bearing on the lizard's status with the U.S. Fish and Wildlife Service.

"The human species has no standing in the Endangered Species Act," Conaway said.

The U.S. Fish and Wildlife Service lists the threats to the lizard as habitat removal, fragmentation and land degradation because of oil and gas development. It argues that the species exists in small numbers and is isolated to this region and southeastern New Mexico, and therefore needs to be protected.

Charna Lefton, assistant regional director of external affairs with the Fish and Wildlife Service, said when in Midland earlier this year that the agency has not aimed at any specific industry or interest in West Texas.

"We get sued on all sides and concerns on all sides, whether it's oil and gas or ranching or agriculture," Lefton told the Reporter-Telegram. "This is not a targeting issue. There are 111 species waiting to be listed in Texas, though many may be in only one or two areas of the state."

If the lizard is not listed as endangered, Perry said the council would have no reason to proceed. He said the council wants to be prepared in case action is needed.

"We're taking a step," he said. "I can't say we have all the details resolved yet."